2nd filing in different county


#1

Dear pickles:

Greetings. Yes, your spouse could do that, as he could do anything. Best to file where you are now and get what the law allows you, versus waiting on him to do what is right…which apparently will not happen.

What are you paying for? You retain another attorney and have them call for a copy of your file. You also call your old attorney and leave them a message to immediately stop all work on your behalf. That is the best way. Also, let your other attorney know in writing why you are upset with their work. I always appreciate feedback, but I usually want it as soon as possible, so I can fix any problem with a client. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Are you saying that if he should file in a different county and be granted a divorce because of false information, that it would be legal? We have both moved from the county in which he originally filed and we the last thing that happened in that county was the unmediated mediation session in May or June 2004.

Thank you so much for your help.


#3

Dear pickles:

It will be your responsibility to dispute the county. My whole point is that if you distrust your husband that much, you don’t want to wait on him to make any false moves, but you may want to pre-empt anything he will do. Best of luck…you sound like you will need it.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

Then should I refile here in Wake County, or just request a change in jusrisdiction?

Pickles


#5

Dear pickles:

If you have already filed in a county, and one of you live in the county, your case will remain there. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#6

Thank you. Neither of us live in the county the divorce was filed in.

Pickles


#7

I have had something go through my mind several times lately. Enough times to decide to ask if this situation is possible.

My husband filed for divorce in 2003 after a 1 year’s separation because of his repeated affairs. We are still nowhere near a settlement and he is becoming more and more hostile. What would prevent him from filing in a different county and give an incorrect address for me? I just have this fear…

Also, any idea on the best way to fire an attorney? Phone calls aren’t returned, dates for hearings set but not told when they are cancelled, mediator session with no mediator … I’m beginning to wonder what I am paying this attorney for.

Pickles